State ex rel. Commons v. Lake Superior CourtAnnotate this Case
Relators were magistrates in the Lake Superior Court, Juvenile Division. Respondents were the Lake Superior Court, Lake Circuit Court, and the courts' judges. Relators complained about a decision made by Respondents to allow Judge Nicholas Schiralli to be reassigned from the Superior Court's County Division to its Juvenile Division. Relators filed this action seeking a permanent writ of mandamus and prohibition, arguing that a transfer of the Judge to the Juvenile Division would violate Ind. Code 33-33-45-21(e). Relators requested a permanent writ (1) declaring that Judge Schiralli could not be reassigned to the Juvenile Division; and (2) ruling that no current judge of the Superior Court was eligible for transfer to the Juvenile Division. The Supreme Court granted in part and denied in part the relief sought by Relators, holding (1) section 33-33-45-21(e) prevents Respondents from reassigning, transferring, or rotating Judge Schiralli from the County Division to the Juvenile Division; and (2) but this prohibition did not preclude the Judge from applying to be appointed, under the merit-selection process, to fill a vacancy in the other divisions of the court.